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HomeMy WebLinkAboutMeyers, Ryan and Macey - Encroachment Agmnt - 5.18.2026ENCROACHMENT AGREEMENT Prepared by: Adarsh Tummala, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 THIS ENCROACHMENT AGREEMENT is entered into by and between Ryan Carl Meyers and Macey Kay Meyers (hereinafter "Owner") and the City of Waterloo, Iowa, (hereinafter "City") this 18th day of May, 2026. WHEREAS, Owner is the owner of real estate commonly known as 343-349 Norris Court, Waterloo, Iowa 50703 and legally described as: Lot 23, Lot 24, and Lot 25 of Hickory Court, City of Waterloo, Iowa; and WHEREAS, Owner is requesting to replace an existing soundwall fence by constructing a new fence (hereinafter "Encroachment") east of 343-353 Norris Court on a portion of City owned right-of-way of Greenhill Road; and WHEREAS, for the benefit of Owner's Property, Owner is requesting to allow said Encroachment within a portion of said City right -or -way of Greenhill Road as shown in the attached Exhibit "A"; and WHEREAS, the City is willing to allow said Encroachment into said City Right -of -Way as shown on the attached Exhibit "A" (hereinafter the "Encroachment Area"), subject to the following agreement regarding each parry's rights. THEREFOR IT IS HEARBY AGREED by and between the parties as follows. 1. Owner hereby recognizes and reaffirms, said City Right -of -Way, and claims no rights or privileges therein except to the limited extent provided for in this agreement. 2. The City grants Owner the right to place and maintain said Encroachment in said Encroachment Area, subject to the rights of the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement to and for access over, under and upon said Encroachment Area, expressly recognizing and acknowledging that any damage that occurs to said Encroachment will be the sole risk and expense of Owner and all successors or assigns, including moving or replacement expenses. In the event that the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement needs the Encroachment to be temporarily moved for access to said Encroachment Area, Owner and all successors or assign shall move said improvements in the Encroachment Area if present and able, otherwise the City of Waterloo and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement shall be authorized to move said Encroachment and assess any costs for moving against Owner or any successors or assigns, or against Owner's Property. 3. The term of this agreement shall be for so long as said Encroachment is maintained by Owner, or any successors or assigns, and said Encroachment continues to exist, and that this agreement shall automatically terminate if said Encroachment is removed (other than for temporary removal during replacement or repair). It is understood and agreed that this Agreement is appurtenant to the Owner's Property and runs with the land. It is further understood and agreed that this agreement may be terminated by the City of Waterloo upon 60 days notice and order to permanently remove to Owner, or any successors and assigns, and that Owner, and any successors and assigns agree to remove said Encroachment(s) prior to the end of the 60 days notice and termination of this agreement. If Owner, or any successors and assigns fail to remove said Encroachment upon termination of this agreement, Owner, or any successors and assigns authorize the City of Waterloo to remove said Encroachment and assess costs to Owner, or any successors and assigns, or against Owner's Property. 4. Owner, and all successors and assigns shall protect, defend, indemnify, and hold harmless the City and its successors and assigns, and its officers, elected officials, employees, and agents, and any agency to which the City has granted a utility franchise or right-of-way License Agreement from any claim, damages, liability and expenses (including, but not limited to, reasonable attorney's fees and costs of litigation) arising out of the use, maintenance, or removal of said Encroachment. This covenant shall survive the termination of this Agreement. 5. This is the entire agreement between the parties with respect to the subject matter hereof. It may be amended only in a written instrument signed by the parties. This agreement is binding upon parties and their respective transferees, successors, heirs, and assigns. Time is of the essence in observing the terms of this agreement. IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their duly authorized officers as of the date first set above. Ryan arl Meyers, Owner Macey Ka Meyers, owner City of Waterloo By: David Boesen Its: Mayor Attest: elly Felc City Clerk STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. On this day of , '1 before me, the undersigned, a Notary Public in and for the State of Iowa, person lly appearedS and Q)( to me known to be the identical persons named herein and who executed the fing instrument and acknowledged that they executed the same as their voluntary act and deed. OZ) Notary Public as3' STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. II This instrument was acknowledged before me on this ' b day of kg, 2o7-6, by David Boesen and Kelly Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. �0`�"1-s ALYISSAKRISTEN LITTLE i COMMISSION NO. 866416 * * MY COMMISSIO2NEEXPIRES . "44, NANCYANNE HIGBY * -- * MY COMMISSION EXPIRES K)WA - - f 7 — 1. c__-1 -7 Exhibit A FIELD ST Z CC 0 O� 343-349 Norris Court 6' Tall and 180' Long Cedar Picket Fence iLot 25 iLot 24 I Lot 231 H Approx. 14' setback 0 Sources: Esri, Vantor, Airtus DS, USGS, NGA. NASA, CGIARII Robinson, NCEAS NLS, OS, NMA, Geodatastyjelsen, Rijkswaterstaat, GSA, Geoltd, FEMA, an the_G151uer cnmmun Sources: Esri, TomTom, Garmin, FO, NOAA OperpStreetMap contributors, and the S User C